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Getting Sole Custody In Ontario

Getting Sole Custody In Ontario

Do you have questions about getting sole custody in Ontario? You’ve got your sole custody agreement or court order and feel like you can finally relax? You can stop fighting with your ex about custody issues of your children. Right? Then why are you getting letters from your ex’s lawyer? Further, why do the letters state they will be going back to court to argue custody again?!

Our lawyers service every single city in Ontario. Also, they travel and also provide legal services over email, video conferencing, and the phone. Most family law disputes don’t make it to court. If you hire a top lawyer, they can hopefully resolve everything with letters and communication.

Instead of calling us, you can fill out the form on the side of this page. A family lawyer will then call or email you for a free 15-minute consultation. It is the easiest way to connect with a lawyer.

Family Law Services

  • Legal advice for family law
  • Alternative dispute resolution
  • Help with restraining orders
  • Property division
  • Family property issues
  • Spousal support
  • Help with common law disputes
  • Separation agreements
  • Marriage agreements
  • Custody agreements

Sole Custody In Ontario

You can also reach our family lawyers by filling out the form. Also, you can use the live chat function in the bottom right of the screen.

The Ontario family law courts’ first priority in dealing with children is to try and sort out custody and access. They want to do what is best for the children’s sake. They are less interested in what is best for the parents. Were you the one who won the battle for sole custody? Have you failed to foster a relationship between your child and the other parent? Do you make selfish decisions regarding their access times or deny access to the other parent? The court can change their minds and reverse their order. They can provide the other parent with either sole custody or primary residence of the child instead of yourself.

Our top lawyers mostly work with clients online. We have in-person representation in Toronto and Ottawa. Our family lawyers can file a motion to help you get custody. Keep in mind that the court costs at least $3000. There are also court filing fees charged by the courts.

Related:  Getting to the root of Ontario’s family law mess


Getting Sole Custody in Ontario | Interests Of The Child

Sole custody gives you more decision making power than joint or shared custody. However,  you still have an underlying responsibility. You need to facilitate access and a relationship between your child and their other parent. This does not mean that you need to bend over backward to keep the other parent happy. At the very least you will need to do your best to follow whatever access schedule has been ordered or agreed to.

This includes not creating unnecessary arguments and stress:

  • constantly complaining about the other parent picking up or dropping off the child five minutes late
  • rescheduling access times without providing proper notice and a valid reason as to why the rescheduling needs to occur
  • signing the child up for events or activities that you know may be difficult for the other parent to attend

Do you have sole custody? This does not give you a license to dictate every aspect of the child’s life without any input from the other parent. If the other parent can build a case to suggest that this is in fact what you are doing you will likely need to contact a ClearWay Law lawyer to prepare to defend yourself in family court.

People with custody issues normally have a lot of questions. A common question is regarding if they can move away with their children.

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Family Law Locations

  • Toronto
  • Ottawa
  • London
  • Anywhere in Ontario

Why Pick Our Lawyers?

Law is complicated. There are many people and organizations involved. First, there are two parties that are having a dispute. Then you add two different law firms into the mix. On top of that, organizations like the Children’s Aid Society sometimes get involved. Finally, you have the family law courts and all the staff.

When most people call us for the first time, they have no idea what to do or where to start. This leads them to ask the first question that comes into mind, something like “what’s the retainer?” The question doesn’t make sense to ask a law firm the first time you speak to them. To make our answer simple, we don’t charge retainers. We also don’t have retainer agreements.

When you approach a law firm, see if they can give you a flat fee. If your situation is more complex or becomes more complex, you get an estimate. Either way, you will receive a clear path to move forward. We will explain to you what we need from you.

Our Top Lawyers Believe In The Best Service

  • Our family lawyers are committed to doing things differently
  • We are clear about what’s fixed (quality service)
  • Our lawyers use technology and automation to keep client costs down
  • We communicate in plain English and not legal jargon
  • Our top lawyers are passionate about customer service
  • They prioritize what’s best for clients

Family Court

Getting sole custody in Ontario | Family Court

In a recent decision by the Superior Court of Ontario, a judge sent the message. This was that the use of images or other material for the sole purpose of humiliating the other party will not be tolerated in the courtroom. In this case, the father was seeking a primary residence of the parties’ son. He wanted more access to their daughter. Finally, he wanted an order restraining the mother from moving with the children outside of Hamilton, Ontario. As part of the father’s application, he attached many sensitive and explicit photos of the respondent’s mother. Further, this was attached to his affidavit evidence before the court.

Justice Pazaratz found that the photos should not have been attached. This was true regardless of the father’s explanation and justification. Justice Pazaratz went on to say that there was no evidence that the photos had any connection to the issue of parenting. Also, there was no evidence of parenting deficiency. He summarized that the applicant was trying to turn the “custody motion into a bit of a witch hunt: she’s done bad things.  Maybe she’s a bad mother”.

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Parent With Sole Custody | Making Major Decisions

Justice Pazaratz stated that in today’s society “between e-mails, Facebook, Twitter, texts and selfies…there’s no shortage of really embarrassing stuff couples can dredge up against one another”.  However, in his decision, he made it clear that “nasty doesn’t work” and “nasty won’t be tolerated”.

This was not the first decision to clarify that “mean-spirited” or “malicious inclusion of humiliating material” will not be tolerated by the courts. Justice Pazaratz noted that parents are being urged by the Ontario Superior Court in recent decisions to “take a more adult and civilized and reasonable approach to resolve custody and access disputes”.

Custody Order | Getting sole custody in Ontario

The offensive materials were struck and removed from the court record. Emails, texts, and online postings can assist the court in determining a contentious issue. This can support allegations of drug or alcohol abuse. It can show threatening communications. This might show true attitudes toward parenting, or contradicting the other parties’ evidence. Evidence regarding extra-marital affairs or actions taken by the parent that has no bearing on the parenting of the children will have no relevance in the determination of custody and access.

Things can get complicated with custody battles during certain times of the year, such as Christmas.

Have questions about getting sole custody in Ontario? Call us using the number below. Also, you can fill out one of our forms. You will have a chance to speak to a lawyer to get legal advice.

In conclusion, the information below is from the USA, but the information is still helpful for those in Canada. Many people call us asking if they should move out with their children.

Family Law FAQ

Do I need a family lawyer?

It will depend on your situation. The best thing for you to do is to get a free consultation with a lawyer. You can then learn about the process and the costs.

How much do family law lawyers cost?

The average lawyer fees are either flat fee or per hour. Don’t assume a lawyer with a lower hourly rate is a better deal.

How do I hire family law lawyers?

You can book an appointment with a lawyer using our services. We will connect you to one or two lawyers for free. They will call you and discuss your legal issue.

How can I prepare for the law firm consultation?

You should know what you want to happen. You will then be able to get answers to your most important legal questions.

How old does a child need to be to make their own decisions?

Each province has their own laws. The rules are different in each province. You will have to connect with a lawyer in your province to get legal advice.

What is the average retainer for a family law matter?

Retainers don’t matter. Instead, ask the lawyer for an estimate on how much the total fees might be. Keep in mind it will only be an estimate.